IE WIS BURG CHRONICLE II. C IIICKOK, Editok. O. N. WORDEN, rniNTEn. 1 KWISDUIMi CllllONlCL15.I,,,anccai anl flcrcd nobody, lie was , , to strong, too honest, as well as too proud Union county, I'enitfylcania. jincn. " lie was a giaut, symmetrical TER V.t $1.50 !' wr. r"r c"h "rtuMly !n a.lranre an,l complete." 1.;:,if itlnu tliiw mutln: il ' .anl ri:l.in . nr: ii.vi if um p:wi b-nio-tiw yewnpiMi: irai r..r! Tl lie following speech and a curious, rin.rl umb.-r. Sutwrniiti..nj IV.r rix nii.lli or I.-., t.i ."-. . ' r r.i " bn.nminuMini' itiiui uh tu stirring, powcrlul one it is was made r.hltHlwr.riipl !.n Utr ywr is paM up. . , ' .. , - a . AKBlucuni r..l..u..lv in-rte. m M chit's r"- aOOUt ttlO time WUCn tllC AntlOlaSOniC r,t n..t wiihm iw of party or -rtari:.o cmit.irt. All lrttrr mut ctoff KM-iimt1. acrtniipaiiul ly lif nl .i.irr t tiw wriu-r. t wvin mt.-iiti.Mi. 4r-ThiM tltinif rxHul..lvlo Iho Wit.ril IVprtmt.Ui lw .ll - rul tn lli:R f. Ilii-n."!. if.fcw auJ Hione on burin to ... . W oicle. IM4.W. OFFICE (for the present) in Beaver's block on X. 3d St, first floor, 4th door from corner. A Character, AND A FOI HTH-OF JULY STElXH. The Philad. Dity lly'der of tbo lltb inst. contains a peculiarly graphic ana ; an,i puiCSj covcrej w;tu i,Ut;ucs frusu masterly doliueatiou of tbc character of j cut au(j C)03C jilci to cst.iuju the sun, Oeneral Om.F, formally of South ; jias j,ecn jjscussoj. tue miljt,,-, tuc citi- Wcstcrn Pcnn'a, from tbe pen of Dr. Wm. Z!,nc an,i ti,e j. refreshed by tbe rc Klueb, of Philadelphia in fact, such an i p.lst an,i t.uijvenoj a littlo (more or less) unique analysis as Dr. Elder and nobody j witU rye-whiskey, whiskey and water, tbe could well pn'iduce. Mostof the sketch j wu;!J:ey swcctelied witb sap-sugar, and appeared originally in Putnam's .Vuiithty. , i,oer gra(luated to the tastes and We regret that we have room only for ouc ; aC3 (lf tic t.omranyj are ai J,r0Ugbt up tf Lis 4th of July speeches, which Dr. K. ; standing by an order for "Attention!" from lias reproduced from memory ,ns a specimen tue (Jaj.laiu of tbe " Independent Wues," .f bis forensic performances. Tbe Cent ral i anj ti,c (jcilcral wouuts te table. Ll. was a staunch Democrat, of large mental j LucLlary CUivnidc. calibre, great cxiK-riyiiec and practical sa-, jrarity, of incessant activity, limited school j TIIE SI'EECII. vJuvation, and a sclf-rcliauce that felt itself j " lVrcixely, my fellow-citizens, (wavin" .jual justly, too, iu most cacs to any .... :i.:Ki lT.i n-o tin. r.i.1itI--Ml nmrlt ic.-muaiuiiuj. i " .f bis fection of country, and hi? potent influence was felt in tbe State and National councils fir a period of half a century. He regarded the people of his county as his j,.frc VOu to speak the truth in tbe love word. That's the difference between a family, whose welfare be bad at heart, t,f ;t I stand here as Abraham, when he man of faith and the snobs that do all their whose thinking he was to do, and whose wa, returning from tbe slaughter of the! travcliug in a tread-mill. atTairs generally it was bis Fpccial prcrog- fc;,, gt00(i at ftast of Mclcl1;sadt.l j But with such snipes nothing can be ative to manag He would sometimes say j,rcparcj for the grand old hero, to Mess ' onc- Cure them of witchcraft and they o them, as they thronged around bim at tie nnmo t,f tuc jjost Hign wii0 iiat,h de-j sl'Je '"to fortune-telling, or some other public gatherings, "I have made you happy i;vcrc(i an ni;nc ccmj(;s nt0 nij hanj. stupid kind of wonder working ; for they at home, aud respected abroad ; and there j (Jhedorlaonier, and Julius C.xsar, and j understand nothing, cither by insight or isn't one iu a dozen of you that doesn't owe ,jiat ap0State democrat, Napoleon, all died ' xFricncc- Af,er a "'- wucn the pros your good luck to my advice, and your ;n t1L.ir sins for tLl!;r ev;j wnrj.s wcnt j pcrity, which they at first resisted, poured misfortunes to neglecting it. I want no- f,jrc thpm to j, Pigment ; Pontius Pilate cut down "rou thcm from a PP01' tutJ wcnt bing from you I belong, to myself, but1 ,;.. own tiiroat bccausc j,e uai condemned j craz3r anJ 1 was fobbed again for stand I want you to know what is for your own ' tuat jmt qdc. jus Tscar;ot iiangcci ( ing by Simon Snyder's veto of that ba"tch good, percisely." The following is tins de-' i,;,,, jn rcui()rse for betraying bim ; of shin-plaster banks which tbc legisla wription givcu of b'w personal appcarajicc: a,,, George the Third wilted away in Lis!turc cuarterc1 D' two-thirds vote, and "Imairine a man six feet two iuclies high, w;..i;ejnrss. . i.P ni,i r.;n.tro ,i.or gave you your keepsakes of Owl-creek and finely proportioned, with some aq.tb of; best and breadth of shoulder aJUed to ,UV i. ,bi,,i,.,..,. make his courage and confidence Hie surer, cknowledged great .nan of the world be I..... .if inn arrn ill i .i I v -1 i' iiiir lives iu ; one who really never meets a .superior in anything to which Le makes a claim, full of the reeling ana marKea vy the manner of a "8 Dent fitness and efficiency, bis luirl.ru.he. straight from brow and temp'es backward towards the crown, ad powdered, and, :,;n,-t that it was conccrucd iu i i . I.,.,.! ;n tl... expressing huh, wiiciioui ,x w, open air, his hat was lifted or removed ften enough t give it all its proper rf- feet in the iwprcsMon t his presence. waistcoat was invariably a uurh. cniuou luviriali V a UarK crimson, . s iMvaruoiy a u..ii t. , dm" coat collar lined with 1 aud bis stan- His fine large face was always ; clean shaved, and Le wore a bosom frill elegantly ..cgl.g-nr just as a ram er would set a superb bead in a cloud yedtu. It was not bis di ess that bo paraded; it las much as Urea, could d! to match bis mien nd ww-ip" and crimson, : .?f tsrxA mfH wore tunic onmi'ra 1 il loo anu nana w ...u . wrsonal beaut v. bv their more delicate ... . i r r Lie elegance ; nd bis boots, crimped ami i - - tasselled, rclievc.1 the length oii..uos,auu lightened Lis too imposing praimcui, rhySn?sjMabl redueend soften the stride of verse. He walked with bis bead ; ..... r .1 T Knwn.li..t-l'ir !14 ISi! a little lorwaruot ...i-i'-.i usual with men t-oem niotest ana unoutruMv ... , L(, kQOWS wLo j mCjM . & ; penny pettuoggcr raiue tut; Ktcuk .t.u vice, -llw bat was la'ge, with liberal . , who have given us our free institutions, breadth of brim, turned up behind to ac- j V" I d u; f a ,nn,uw.Lta the erect co ar, and decticu " My hairs are white, like the fields of , r r TiS of So point which Lhclu-red 'tbc ' Judca, ready for the harvest of the great 1J'8 an?.t0 8f erJ off dr.'V broi?, and repeated and impressed tbc;rcapt.r and thcsc BlialBUling 6banks mcWaS nooulc9 ' L profan.ty J .n.l Hi nf hU fine a-miline nose. 1 , . ,. ... . . ... like the words of lifo ! But Providence snal with men whose lrontal urainisae-; tiv n oca nf rsnrcssion less of expression in bis countenance which marks a man happy in speaking to .hors who are as hai-pv in hearing mm No eye ever caught hint weary, listless, or acant ; be took no holidays, nor ever tnew those remissions of engagement which ordinary people indulge in at thc beginnings and nnislungs oi tucir uuuer tikings. Ho was always fully employed aud equally intent, and thc spring in him wa? not ouly strong enough for work, but it was easy enough for play : while the tide ran like a cataract, tbc surface rippled and srarkb d with humor the eunsbiuc in dalliance with thc spray tho ptorm tones rarificd into music. His temper was sharp and high, but steady. As it never fell into feebleness so it never rose into rage; the 'jyrcizcly'. and 'piuc blank' tone of foe ling, ever present, kept bim too well bal nnccd for that." fPr.E. stales that as a speaker "not one man in a million lias rnual command of the nerves of bis auditors." " Ho was felt like magnetism when near. His was a frank, confident stylo of eloquence, in tended to impart bis own convictions in tbo directest way." "He did not hold his position in men's ppiuions on thc tcrm: ihat demagogues maintain tli' ir reputation "Uli vu'gu f'-'oli. He rTf ti'el no c-'in ittZLl Willi mcu y ""s-v. 1 - ive and always with the pleased engaged-,bury 1 excitement, (which made Somerset county gh Anti-Masonic as as it was pre mMicil'1 democratic,) Lad begun to make SCrious inroads upon the old General's I power, and provoked a ppecial anathema . ' . on this occasion twentyGvc years The date is about o ; tbc scene at tbe "Coffee Spring," about a mile ouf; tbo company made up of tbe population of tbe town and neighborhood, mustered en masse. 'Jbc dinner, spread upon a table cast into a horse-shoe sbanc. in an arbor made witb j a rcj silk handkerchief at aruiVlcugth,) ' .. 1 r 1 r .i pieiici iruius, ircsii ironi me cxe- iuti0n of the tyrant IVcsar, cried to Lis countrymen, ' hear mc for my cause, and be silent, that ye may bear ;' so I come , , . tn j; ,ntn;D(r 0f heaven dead .... , ., . ,. ... , at the top while the miserable old trunk . i'. -- - ' " . - - - or to the race of regicides ; destruction to the oppressors of the people everywhere; aiJ(j a stout arm ,0 ,i,e i0 j ucart f , Jcmncracv all ov(.r.(llt nn;vcrse u j, Jcar fen dtt nndcrstand ' J J cIliIj..cn " out it. is as clear as light to the ctuluicn of light, tbat tbc Lord rcignc'.b, and the j l),.,;!' fo..l T l-nm it- ;n tnHMr . ... : an(1 ton l n(;V(.r Mw lU(J riilfcous r ...t. t . i i : i i ; berrin'r t,"v.Z . ,..n : " V ':.c t . I 1 u.ciums into im; viiw ur. it j'ou j i- ' go nosing about in thc dirt for a livine.l aaJ Jozin iQ lbo mu1 f()r clljovment, the ; hail)V. of a caf w;n m lh L . u J - - ' I hare no pros-! j o fc I-ct- Ihey grunt when they arc comfort-j able, and squeal when they are hurt; but th dont understand tbc course of thinjrs. ' And if any fine fellow here feels Lis bris- m souj , . at thc CDgtheniUg shadow e b , , " f, " . " J , rJ r i . i - - r ... .1M . .o , ...- "J I iiue a sun-uuii upon a iiiououtiu-iuji, ucu Le L.omcS out of uis cuamlcr iu the cast to arounJ tjc of "li,,,.,,..,, t nm , ft Ualll . when von . I not i i , . , . T my bones, remember that I am - - dead, l'cter was bewildered, when lie pro posed to build tabernacles f Moses and Elias on tbc Mount of Transfiguration When we have done our duty here, we go up hi"hcr ! When this frame bas lost its strength and beauty, tbe kindly mother earth will sweeten and freshen it info youth again ; aud thc limits of its life will widen into glorious liberty. . Hallelujah ! Thc light of these eyes is growing dim in thc light of paradise I " Idiots and drivellers, from seventeen to seventy, think the worbl is coming to. an end, when worn-out frames and worn out things arc blown np : but such dotards arc but first-cousins to the beast that per ishesall but the beauty. Such cattle have about thc same right to scratch their beads, for anything there is in them, as so many ring-tailed monkeys ; and, very like ly, will make as much by tbc-operation. (Here, Bill, turn up a clean tumbler, and give mc a drink of water ) " I was among these grand old hills, my sweet fellow-citizens, before tho oldest of you w.-re born ; aud, snipes and uight- owl-; ' did you ever .Jctrct any humbug in If h if." 1'it V"1 'li'l. nut Tt-Jt LEWISBURG, UNION COUNTY, PENN, FRIDAY, JUNE 24, 1853. tired of barking, that I would like a bite. Try your teeth in tbia tough old hide, ye whipper-snappers. There 's blood in me that would muk-j you as drunk as blazes for the rest of your lives, and give you the first peep of glory that ever opened upon your benighted souls. " Tbe follies of tbe dead arc buried with them. They were not worth minding then, nor remembering now ; but didn't I tell your respectable daddies that they were making fools of themselves in the whiskey insurrection ? 51.ickguardisin is n't democracy ! When Washington came to Bedford with the army, the Alle gheny Mountain rocked ander bis foot steps, and the -diminutive little manikins that danced like drunk monkeys around their pig-nut liberty-pole in the diamond over there, trembled iu their shoes till you could hear their toe-nails jiugle. I was a democrat, a Jelfersonian democrat then, as I ain now : but I was n't a demagogue, a coward, or a broad-mouthed brawler against my country, its laws, and tbo constitution. " Your grandmothers can tell you. what a rumpus the same ninnies raised around mc, for the first wagon-road made over tbc mountains to Pittsburgh. It would break up the pack-horse men, forsooth, and the tavern-keepers and horse-breeders would, be ruiued, when one wagon could carry as much salt, bar-iron, and brandy from Bal timore, as a whole caravan of half-starved mountain ponies ! But I told them then, that, of all people in tbc world, fools have ' the least sense, and that they would live to learu that the best way is as good as any; for, when I was but a boy, I discov ered that nothing less than too much is plenty, in the American meaning of the ! Mattou-lown UU- And now, wheeling gee, as much too far as ye went haw, be fore, you are bellowing at the top of your voicc anJ thect,J rf our wit3i ffinst a11 bank paper! "lit any wonder tbat I keep my old t 1 grudge at the devil for making such pco pie ! Jack, (to a darkie carter, occupied at tbe other end of tbe table upon the . i-i. ast-bonc of a turkey winch he was pol- Lsbinfr,) you may as well tuit beating and i.. ,ii.: .....1 . tl...;, l.wl. j ...... .... r i ' uuiuiiuB , bunas oi sheet-iron, ana we traces oi cod- web : for tbc more you wallop them, the more thev won't ro. Mv donkies arc of " ' the same breed ivrcisclv and thev arc all lue sarac urctu ifrL,sc u ' a spree just now, licking out their hoofs . j mi . . 1 F II at free masonry I That's the secret of all the viIlainy auJ """g Icgwl-tion, - ? inUcr vonr brains, and give them '3 ,l" i your urains, e the dogs for a Nw ear s gift, and let somebody else do your thinking. Oh, H s CB00Sh t0. a P to Lcar a tw0 always had his hands full of such for'orn- ities. If He can bear with them, 1 may. He will find thc men somehow, when thc time comes, to do up the world's wort work ... . ... kn tLS Fpl rf st..'g truth, : The B.verl laws keep the earth in it, .l.W an.) mII IhA unvli'M r.TI lt3 S'.irfoCe "l ------ can't shake, or turn it from its track. I ' , . bcueve and live. Jiehow, ye aespisers, and wonder and perish. " And there is the common school sys tem that I have been laboring for, until it is at last fairly on foot. Sec that you keep it alive, and make it answer the glorious purpose of its establishment. Don't clip it down to nothing by your beggarly econ omy. I wish to the Lord that you under stood thinking as well as you do eating, and could feci an empty head as painfully as an empty 6toniach. Can't you under stand that keeping money in your pocket is not saving it f A dollar in a buckskin purse won't breed a sixpence in a hundred years ; but employed wisely in the service of soul or body, it will bless the one and glorify the other. If you can't see the policy of education, make a religion of it. The world of ideas is thc world of spirits. Introduce your children there, for every good thought is a guardian angel to the little lambs. And don't stop just where reading, writing and arithmetic can be worked into dollars and dimes ; carry thcm through and over tins fordi'l world into God's world up to tho circle CI ue neav pits governii the univcrso by his laws. Every discovery in the truths of nature, is so far into tbo counsel and confidence of the Supreme Ruler. Only the man that has the mind of God is God like. Now, for Heaven's sweet sake, edu cate your children. You may talk stupid ities about the salaries of public officers, as you did against me for voting a gentle manly per diem to the members of Con- gross ; but don't cheapen your sehoolmas- tcrs, till nobody but bankrupt cobblers, habitual drunkards, cripples, consumptives, and such other ugly incapable, can be got to serve you, for very shabbiuess of the salary. Buy cheap store-goods, if you like, for when they wear out you will know it, and can replace them ; buy cheap pro visions, and eat the less of tbcin ; buy any thing but cheap talents. Don't venture upou that speculation, for you are no jud ges of the article, aud the ouly way for you to insure the excellence of the quality, is by the liberality of the premium which you will offer for it ; that will bring tbe genuine into'the market, and the bogus will be clearly exposed by the difference of tbc ring, weight, and shine. " I go in, ye see, for the arts of peace, the prosperity of the people, and all that blesses aud embellishes the life of roan ; but I would not forget, on this great Salt-bath-day of the nation, the glory our country Las won iu the field and on the wave. It is n't the pluek of the bull-dog or the game-cock in a soldier which I ad mire, but the bigb-soulcd heroism that chooses liberty above life, and knows how to make victory a blessing to the world. " In the Revolution, and in the late war against Great Britain, we fought against foes who were, only a generation or two back, bone of our bone, and flesh of our flesh ; born brothers, they were, of course, our equals in all qualities of manhood. They had the advantage in numbers, arms, and all the the appointments of war : but the strength of the cause was ours; we had the right, and the Lord of Hosts was with us. But, if we had been poor in heart or Lope, we would not Lave been elected to the office of banner-bearer in the army of universal freedom. The cove nants of Heaven are made with faithful men ; and a people that falls away from its worthiness is rejected at last, though still beloved for the fathers' sakes. While ye thmK ye riaod, tV I,1 loot j- fall " This is a great country, and it is n't all fenced in yet Very little of it, is so far finished as to be ready for the first coat of paint. All the wilderness of the new world is ours, for we alone can occupy it The dwarfed provincialism north and south of us have no expansive growth in them. French and Spanish harn't the right kick in their gallop to match us in the race of empire. 1 nave no contempt lor any ot Cim)' rrintnr.i tbcr'H all weavn intn iho t. r 1. :n , , - wcu vi ca.sicucc wunnunc. m mc. nm do for selvedge and fnngcsj but showy and shabby is a bad mixture to make dp ;,,, . e .t t. by themselves. They are not of thc right '. . , . .. ... stripe lor ucm tuey on t come up a B. s I.. I A mntUMn Wk TTfm I tell ye, my dear fellows, we have had thc wool pulled over onr eyes by tbe European writers which we are all the time reading. Of course they know no better than to call Bonaparte a hero, and Wel lington another for conquering bim. That will do for t' other side of the water, for everything is great or small by comparison. But comparing themselves with themselves they arc not wise ; and they dou't know cuough to discern the tree standard. Hea ven help them to better doctrine and diet ! Tbcywill have such Generals as Washington and Jackson, when they have the same occasion for them ; and when they go to fighting for progress instead of power, and organize their civil institutions iu thc faith of the people's honesty and capacity for sclf-govcrumcnt, fully, fairly, and faithful ly they may put their achievements down upon the page of history in parallel col umns with ours. " Now, I have a few words to say that I don't want you to forget Turnpikes, Canals, and Railroads must bo made, whe ther they run in front of your cabin doors or not. These mountains must be tun neled, those valleys must be paved must be, and will be. So, don't let any of those niiiicrablcs who Bometiuics get themselves into your Legislature, set you against thc necessity which is upon you, making fools of you, and scoundrels of themselves, by pretending that they will lighten your tax es anl reduce the State debt. It is your opposition that will make thc taxcs.hcavi cr, aud still will not prevent thc inevitable march of public improvement. Support an enlightened system of public works, and choose honest and capable Representatives choose gcntlcmen,and give tire snobs the cut direct. In the compromises and accom modations of conflicting policies which must take place at the scat of government, noth in will savo a man but sound instincts and blah persotiat fittalltics For rough roadij take a surcfooted nng, tho' Lc bo a little head-strong and hard in the mouth. I never prophesied unto you smooth things; I never daubed yon with untempcrcd mor tar ; and I never betrayed yonr trusts in half a century of public service. " Finally until every man is as wise as his neighbor, and as good as he ought to be, you most be governed by the majority, and that necessity will divide you into par tics two parties, mind ye, or one and a parcel of fragments. Now, the greatest of these will have thc power in its hands, of course. How will yon mend it when it goes wrong? By drawing off into as many little squads as there may happen to be differences of opinion among you ? This will only strengthen tbe party that you are trying to control. The mountain springs refresh the l ikes by flowing into thcm, not by running off iuto a multitude of puddles to stagnate in the sun ! Par tics must be built upon general views and broad policies. Organize as yon may upon transient and trivial contingencies, it is all fuss and foolery. A party with anything positive iu it will outlive its own abuses and your grumbling ; or if the real major ity of thc nation is too corrupt to purify itself, it will not be improved by changiug its channel. Thc judgment day divides the world into two classes only, one right and one wrong. Do you think you can make a better or more accurate division ? My dear fellow citizens, don't be augbt starling aside after every vagabond fancy that inspired idiots can scare up. Within the proper party of truth and progress will be fouud all the available means of reform that political agencies can ever effect Jo nah withdrew in a lit of disgust because the Lord would not destroy Nineveh for its corruption, and sheltered Lis indignant head under a gourd tbat grew np in a sin gle night,and of course perished in a night whereupon be wished himself dead anj fainted outright. Better bear your small percentage of yonr neighbor's sins and blunders till they arc cured, than curse the world and quit in a passion. It is good enough for you to do your duty in, and too good to be condemned as long as it is get ting better. "I'm dono, for I don't jump off tbe stage or stump, like the pony in a traveling menagerie, through a blazing hoop; I wouldn't wbino a dying doxology to y speech if I knew that it was the last tbat I should ever itiaVa tn yrm I will speak to you from my grave. My voice will echo from these bills, as long as the truth of my life is of any sc to yon, and you arc worthy oWt Wherever I am here among yon, or there above you I'll be doing my duty and minding my own business go home and mind yours." With the downfall of Gen. Ogle's political power, the man was down. His sceptre passed into the hands" of the late Judge Charles Ogle, whose sway was al most as omnipotent as tho General's hal been. Gen. Ogl's after life was a dreary blank. Dr. Elder says, " I date his death at the period of his discharge from public duty ; there justice sets np his monument, and its broad shadow covers all that lies beyond it." Important Correspondence. ExEcrf ive Department. I A nnnvvlis, MJ., May 2. 1353. 1 To His Excellency, The Uoeernor of Pennsylvania : Sir : 1 have maturely considered the requi sition made by your Excellency, lor thc appre hension and delivery ol Thomas M'Crcary and John Merritt, charged with the crime ot kid napping a certain ltachel Farker. I must re spectfully decline to comply with it, for the following reasons : You will perceive by thc statement of L. A. Schoulficld, Esq.. (the truth ot which has not becD, ndI presume, will not be com ro verted,) that Thomas M'Crcary went to Pennsylvania, not as a kidnapper, hut for thc sole purpose ot capturing Rachel Tinker, then supposed to Le Eliza Crocus, the fugitive slave of Mrs. Dickey hut. It is also certain that he carried with him the authority ot a PQiver ot attorney from the owner of the alleged fugitive, or her agent, designing to net under it, in good !aith. It is likewise well known that he captured Rachel Parker, believing her to be Eliza Crocus. Neither can it be denied that he hod good rea son for so believing, not only from the infor mation received in the neighborhood, but also from the extraordinary likeness which exists between Rachel Parker and Eliza Crocus, and upon which some of the most respectable citi zens ot Baltimore were prepared to swear to the fact ol identity. From these premises, the conclusion is irresistibly drawn, that Thomas M'Creary is not a criminal. Thc presumption ot malicious intent, necessary to constitute ciime, is absolutely rebutted by the facts ot the case. If guilty at all, under the law, his guilt is purely technical. He is morally innocent, beyond the shadow of a doubt. The first ques tion which arises, therelbrc, is, would it be just for the laws ol Pennsylvania to punish a man under such circumstances i l tie next question if, ran 1 consent that a citizen of Maryland shall be exposed to the hazard of no unjust prosecution t It is unnecessary for mc to assure you tbat the people and government of this Slate bold the crime oi kidnapping in the deepest abhorrence, and that our laws visit it with lhe severest punishments. But, that is not the enquiry here. The question is, wheth er or not, being perfectly satisfied ol the moral innocence ol the accused, I shall send him into another Slate lor trial ? It is extremely un pleafant to make any allusion wharscertr, Which may possibly t stirp"fid to tff!trt tin i.vlv unnn n of the citizens rf (mother iind a Incu'lly State; nevertheless, i' is ny j duty lo remind vuur Excellency that verv strong and unreasonable prejudices, touching the lubjecl-matter of M'Citary's allied ul lencp, prevail in lhe county where he has hern indicted, which would render lhe result of his trial exceedingly uncertain. I could out, there fore, consent to expose him to the risk, unless I felt constrained lo do so hv ttie mandate ot , the Federal Constitution. Without euiennu into an argument upon this point, it is sulli- j cient to say, that I consider the case of M'Cre-1 ary fully within lhe scope of that discretion,: in regard to requisitions, which has always; been claimed and exercised l.y the Executive i of thc different Slates of the Union. Not only the Governor's, but the Courts also, on ' habeas corpus, have repeatedly gone behind re- I quisilions, and have examined iuto and decided ' upon the merits of the cases themselves. I respectfully call youi attention to a letter i addressed to me by the Hon. James Campbell, I late Attorney (icneral of Pennsylvania, a copy ; ol which is herewith enclosed. The late At-i torney Geneiat expressly Hales, Hint, at the trial on the petition for Ireedom, filed by Rarhel . Parker, in lhe Circuit Court for Paltimore 1 county, it was distinctly understood and agrctd ' between the counsel for lhe petitioner and the claimant, respectively, that no criminal pro ceedings should be instituted against M Lreary in Pennsylvania, il the claimant wou'J aban don the claim, and permit a verdict to be ta ken in favor of llie netitloner - and that lie t lhe ' late Attorney General) would, without any hesitation, have entered a nolle prnsrirui on lhe indictment lately found againstjl.ini (M'Creary) n Chester county, hau lie the power to do so. From this statement ot thc late Attorney Gen-! eral, it must be supposed that M'Creary wa I not regarded by lhe counsel as morally cuil'y, if guilty at all. In pursuance ol the irrrange-j ment entered into between the counsel, a ver- ! diet in favor oi the petitioner was rendered by j the jury. It is not for me to inquire how far 1 lhe State t Pennsylvania might consider her-; sell bound bv the deliberate act of lhe counsel appointed bv your Excellency, at lhe request of the Legislature i.f your Stale. I must re. gard those counsel, thus appointed, as the rep-1 resentatives ol Pennsylvania, authorized lo act1; in her behnlt. I must, consequently. assKr.ie j tliat Pennsylvania has admilled the moral itf-1 nocence of M'Creary ; because upon lhe oppei silc hypothesis, I should be driven to the con-! elusion (which is wholly inadmissible) that a felony had been compounded, in order that the; freedom of Rachel Parker miijhl thereby be' secured. It cannot be doubted that the conn- sel, on both sides, acted from the highest and ! purest motives : and that, being satisfied ol the; moral innocence of II Lreary, the counsel ol , Pennsylvania considered that a prosecution f rj kidnapping would not ooly be unjust to M'Creary, but might tend very strongly to ex- j cite unpleasant feelings between two great i States, which have always cherished, and, I . sincerely trust, alwnys will continue to cherish the warmest mutual respect and attachment. i Here, then, by the force ot thc facts themsel- es, as well as by the admission ot Pennsylva- i ia, clearly implied from the net of ht r ac kuowlcged legal representatives I am brouuht ! to the certain conclusion that Thomas M'Cre-! ary is an innocent man. 1 The case of John Merritt rests upon the! same facts and is governed by the same prinei-! pies. He was but the f Att.w and ot course should not be held accountable, ' it M'Creary be declared irresponsible. j Under these circumstances, I must decline , to comply with the requisition ol your Excel-; Wncy. " I have the honor to be, with thc hicbest re spect, your ob't serv't, E. LOUIS LOWE. I Exr.crTivE CiMMr.rH, j Uarrhburg Mm 26, J.S53. j ; To His Exccllenry, E. Loris Lowk, j Oorerfor of Maryland : I Your Excellency' communication of the 2d instant informing me that you had declined to issue a warrant for the arrest and delivery ot ; Thomas M'Creary and John Merritt, alleged fugitives from the justice of this Slate, came ' to hand by due course ot mml. An unusual pressure ol other othcial dunes must plead my . apology to your Excellency lor having so long delayed to acknowledge its receipt. ! I have cxamiued with some solicitude and much care, the reasons ihu communicated to me by your Excellency, for your refusal to i comply with he requisition ol the Governor of this State for a warrant to arrest the said fugitives, and regrrt that I should feel required to say, after all this consideration, that I can-; not regard the reasons assigned as sufficient : ; indeed I feel constrained by a hih sense of othcial duty lo dissent almost cntirelv from the 1 doctrines promulgated by your Excellency,! touching this uufortunate 'aflair. j Before proceeding to discuss the important ; features of this unpleasant controversy, it ! would seem proper that I should at least at tempt to remove from your mind npprehrn-' sions, not disguised in your communication,! tbat thc prosecution ot the fugitives may hare! proceeded from prejudice or unfriendly (Vt -Ini" ; on the part of certain citizens of PeiinM Iva- nia. I can, 1 am happy lo say, sec nothing in. lhe preliminaries of this case to warrant this, impression. The. vindication of thc law and the punishment of crime, I beg to assure yon, : were the ouly objects sought. The very ami-1 cable relations which l.ave long existed between . Maryland and Pennsylvania should he siifnVicnf, it seems to me, to relieve yonr Excellency from ' apprehensions as to lhe just intentions ol thej authorities of this Stale. Tin re is surely' nothing in thc history ! renusylvania lo ex- i cite distrust in the justice of her laws or the purity of their adnuuis' ration. Some excite ment very nnttirallt grew onl ot lhe riremn- j stance connected with this affair ; but 1 cannot conceive that ft is of sneh a character as loj hazard the supremacy of the law, or enilanntr j the integrity of trial bv itry ; and I regret ex-! ccedingly that your Jftcellency shottM have found it necessary to ' make any allusions j whatever, which may possibly he supposrd toi rcflcrt Ungraviou-iv upon any of the e i.-ens i ol another and Irienilly Plate." Kxritcntcnr j and misdirected feeling mny, n special oecn- i sions, prevail without, tan lhe sacred portal of justice, m this orderly Cciiinionwenlih. re 1 seldom if rver invaded by popular cbmcr. Tbe jUilt ot innocence of panics is ever rstnb-! Iishrrl according lo the rules anil principles ot ; ilie law. Far be it fr in rf, tl.rrrlr.re, in r.r-1 ognire the tclit rf V'tir Er. tlnirv, liml. I the ., law or rules of runilv. lo reltise tn surrrnder j lhe accUM d on the allecation that a tinr ticil j m.nhf not ! I.ntl l.i a f.ltv of this Slte : In r ran I agree with you thai lhe interest mam-1 tested bv lhe ntiwns el t nestrr county, iu lite girls Eliaheth and Karhncl Parker, whom they knew to have bcrn f artled ofl fiom il.etr ml!t in Violation nf law, should be rrcartled a. "a very strong and unwnsooaHe prejudice." nor that such a stale of krltng in a rommiiuity is in render the ends ol justice " exceedingly un certain. I r-liall not attempt to answer a' leng'h the plea ol innocence which von hive If en pl'isti' rc iu'.crpoc f.-i the f'i'!i-cs, I a I mu-t dtnx VOLUMK X NO 11. Wnoi.E Number, 479. its legitamary entiiely. One or two point, however, would seem to demacd a passiu uu lice. You allege that ' Mr. M'Creary went to Pennsylvania, not as a kidnapper, Lut lor the sole purpos" of capturing Racliael Parker, then suppled to be Eliza Crocus the fugitive slave ol Mrs. Dirkcyliur." The answer lo this is. that the law of Congress prescribe a mode of reclaiming a fugitive from labor, and bad Mr. M'Creary respected these forms there would now Le no indictment against him. Uau be taken the alleged Eliza Crocus before an Uui li d States Commissioner, to establish her iden tity, as the law requires, the lact would have been developed that the person whom he was aliout to carry oil, was not Eliza Crocus, but P.achael Parker. At best, therefore, il will he seen that Mr. M'Creary rarrud olf P.achael Parker in violation of the law and your Excel lency will certaiuly agree wi;h die, that he should bear the consequences. Hut this whole inquiry into the guilt i r in nocence ol the accused partu s, is unauthori zed, and, to my mind, in clear derogation of the letter and spirit of thc Constitution and laws ot the United States ; nor can I agree with you that the "case of Mr. M'Creary comes wilhiu the scr pe of thai discretion in regard to requisitions which has always been claimed and exercised by the Executive of the different States ot the Union." I have alo searched in vain lor the cases in which not only the Governors but the courts on babea corpus, have repeatedly trone Miicd the requi sition and have examined into aud deenl. d upon the merits of the cases themselves." This ex amination, so far from bringing me to a con currence in your Exrellrnev's views, has con firmed me in the belief, that there is nothing iu the Constitution of the United Stales, in the laws of Congress, or the practice ol the Gov ernors ot the respective States, lo warrant an Executive iu going behind a correct record, to decide upon the facts. Every suggestion which you have made in defence ol the accu sed, constitutes subject matter for the conside ration of a Pennsylvania jury when trying tha question of guilt or innocence, and should not. I apprehend, have attracted lhe notice (d t!ie Executive ol Maryland, when enquirin" into the forms of lhe requisition. The Constitution ot the United States, pro vides " that a person charged io any State with treason, felony, or other crime, who shall flee frcm justice and be h und in another State shall on demand ol the Executive authority ot lhe Stale from which he fiid, be delivered up. to be removed to lhe State having jurisdiction of the crime." The law ol Congress declares " that whenever the Executive authority cf any Stale in the Uoion shall demand any per son as a fugitive Irom justice, ot the Execu tive authority ol any State or Territory to which such person shall have fled, and shall, moreover, produce a copy of tbe indictment louno, or an affidavit made before a tuaais'ratr ot any such State or Territory, cliargmg the person so demanded with having committer! treason, felony or oilier crime, certified as au thentic by the Governor or Cliiel Magistrate of lhe State or Territory from whence Uic-persons so charged fled, it shall be the duty of tbe Ex ecutive authority ol any State or Territory to cause him or her lo I arrested and secured and delivered tn the Executive authority ma king the demand, e.r bis acent." to what nature or this ptaia and mandatory law is found the right to go behind tire record and try lhe case ? The injunction to deliver the fugitives under the prescribed forms ol the requisition is positive.- It it had been contem plated that tlie Governor upon whom the re quisition is made should inquire into themeits of lhe case, why did not Congress so declore ? M'Creary aa4 Merritt are tlairoed on the in dicting i of grand jury, the highest grade ot a prima faeB ease that can be made out ; and still your Excellency has lelt required to go be hind this ehsrge and inspire into tbe lacts ol the case, and even into the leelioffs of the neo- ple who rorght be called vpoa to act a jurors. Much controversy is been hcM between the Exerative ol the respective Slates ol ths Unioo, as to the meaning ol the terms " other crimes" as expressed in tbe Coesinntion aad touchiDj the torms ot requisition ; but in Bo instanre that I bare been able to discover be lore ikw present, has an Executive claimed the right to go behind as admittedly correct jrc crd and dismiss the accused on the lac:r nl lhe rase. No objection is itirit to the f tm or substance ol the rrquisitirn, and the crime charged according lo the language of your r.jcr'.-ewy, is as ouuus to .Maryland as in Pennsylvania." But whilst admitting the sufficiency of the requisition as to form, yon twsome or infer from an unauthorized inquiry ruto the facts, the innocence of thc accused and then nsk if it would be right lor lhe laws of Pennsylvania to punish a man under such circumstances " and if yon should give your conseut " that a citizen ol Mary land should lie exposed to an unj'isl pros erntion." Thc answer is that ibe law must I administered as it is. It is not fcr am Executive officer to account for the consequen ces nor is it safe to dooht the justice of lhe law. Thc i-lea tfrai it is mv dutv as an Exec utive to foreknow the kind of trial which is u await parlies Claimed on the requisition of your Excellency or lhe Governor of any other Slate is troly slarllnij. Why Sir, to my mind do Exiruiive should pretend lo understand the luctsorihe eonsrqtirnres ; he should be con lent lo obev lhe maiidatrs nt tle Ceptitulion. confiding the rights nntf interests of accused parttcs to their peers and the laws ol he land. Your view of the stiljm, it will br readily seen would impose irpon the Esccutitr a moss onerous and dehente duty n't couiempbited by rlieaci t l Congnss. It' it be th right of ihV Exrctitive. upon wham a requisition is made to !T rrbitvl tbe indictment In notice the tart tor lhe protection ol the aermed, it is bis dutr lo do so. 11 he has the rij;?it lo do soir. one case, he is bound to .!,, fl, m l. MttT !y impracticable and never should Ir attempt ed. Should an Executive l- eg pert 4 tore verse ihr action ot a j-tan.1 miv in the nhsenr. ot n'l thr testimony n w I, fit ih- indictment aaainst the accused m.r hare been f.nd ? Should an accused party be tried Ik lore arrest -.Shottl l .judgment I rendered in the absence cf Mlt the prosecutor and arCrjrd The inevi table eilert ol your Kxcrllcnrv'spceilicn vnlJ be t,. bad i ! .vstem thus impracticable an .lan?rron. If. iherr-t.,r. 1 .,-,, rr.y sat isherl of the mswnKr of the accil-r f. I ecol t ' not c neiit to pnnicpate tD the establtshnieni ol a pre.-etl. tii so fraught wnh dsnrcre.jj rn srqtieurrs lo the p.o e of the roii.iirr. rT the ends ol jtisiite, as i. acquiesce in the it-hl an Exccntirc lo so Mum! t.r irdMineut el a jufv, and a icqnivjuon 10 rrular tctm, to do: rule the Merits of the cac. Thr- provisions rf the Cnnsiitofcit mrst have the paraiticnnl eflecl 1 1 a treaty siiruja-' Hon between Sovereign and nd"epeD?-' Slates, and aie not only positive and mandato ry in ihrit rcV..rcn.,t,. but cr.Dtaf0 a ,:. . s, lufunatN ,0 ,hc j0wJj!lirll r, ,he cf.. cue rh-jr-ed If ,, had f.rrn tntcrob J r Tr be -lyVc-r d,s ie.,.n.v pf,wr, , fc 0t rum
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